Sidebilder
PDF
ePub

CHAPTER 437.-Liability of stockholders of corporations for wage debts.

*

Stockholders SECTION 33.

The stockholders of a corporation shall also liable.

be liable for all money due to operatives for services rendered within six months before demand made upon the corporation and its neglect or refusal to make such payment. A stockholder who pays on a judgment or otherwise more than his proportion of any such debt shall have a claim for contribution against the other stockholders.

CHAPTER 475.— Inspection of factories— Blowers for emery wheels, etc. Blowers required.

SECTION 1. Any person, firm or corporation operating a factory or workshop in which emery wheels or belts or buffing wheels or belts injurious to the health of employees are used shall, within three months after this act takes effect, provide such wheels and belts with a hood or hopper connected with suction pipes, and with fans or blowers, in accordance with the provisions hereinafter contained, which apparatus shall be placed and operated in such a manner as to protect any person or persons using any such wheel or belt from the particles or dust produced by the operation thereof, and to convey the said particles or dust either outside of the building or to some receptacle

so placed as to receive and confine the said particles or dust. Hoods, etc.

SEC. 2. Every such wheel shall be fitted with a sheet iron or castiron hood or hopper of such form and so placed that the particles or dust produced by the operation of the wheel or of any belt connected therewith shall fall or will be thrown into such hood or hopper by centrifugal force; and the fans or blowers aforesaid shall be of such size and shall be run at such speed as will produce a volume and velocity of air in the suction and discharge pipes sufficient effectually to convey all particles or dust from the hood or hopper through the suction pipes and so outside of the building or to a receptacle as

aforesaid. Pipes.

Sec. 3. The suction pipes and connections shall be suitable and effi

cacious, and such as shall be approved by the district police. Application of Sec. 4. This act shall not apply to grinding machines upon which law.

water is used at the point of grinding contact, nor to solid emery wheels used in saw mills or in planing mills or in other woodworking establishments, nor to any emery wheel six inches and under in diameter used in establishments where the principal business is not

emery wheel grinding. Enforcement. Sec. 5. It shall be the duty of the district police and of factory

inspectors, upon receiving notice in writing, signed by any person having knowledge of the facts, that any factory or workshop as aforesaid is not provided with the apparatus herein prescribed, to visit such factory or workshop and inspect the same, and for that purpose they are hereby authorized to enter any such factory or workshop during working hours; and if they ascertain, in the foregoing or in any other manner, that the owner, proprietor or manager of any such factory or workshop has failed to comply with the provisions of this act, they shall make complaint of the same in writing, before a court or judge having jurisdiction, and cause such owner, proprietor or manager to be proceeded against for violation of this act; and it is made the duty of the district attorney to prosecute all cases arising under this act.

Sec. 6. Any person failing to comply with any provision of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and in case of a second offense he shall be punished by the aforesaid fine, or by imprisonment in the county jail for a term not exceeding sixty days, or by both such fine and imprisonment.

Violation.

MICHIGAN.

CONSTITUTION.

ARTICLE 15.Liability of stockholders of corporations for debts

due employees.

SECTION 7. The stockholders of all corporations and joint stock Stockholders associations shall be individually liable for all labor performed for liable. such corporation or association.

This liability is collateral and secondary. 39 Mich. 594, 597.

The liability imposed by this section means a liability beyond that of members of the corporation and does not refer to their separate or several liabilities. The stockholder's property can not be taken until the corporate property is exhausted. 43 Mich. 231.

One is not liable for wage debts incurred before he became a stockholder. 65 N. W. Rep. 570.

The liability of a stockholder is not affected by the transfer of his stock after the labor has been performed, though before suit has been brought against the company to recover for the same. 97 Mich. 322.•

An assignee may sue. 44 Mich. 540.

A contractor or subcontractor is not a laborer within the meaning of this section. 44 Mich. 538.

Nor is an assistant chief engineer of a railroad company. 39 Mich. 47.
Nor is a traveling salesman. 50 Mich. 326.

[In furtherance of this provision, statutes have been enacted fix- Classes ot ing the liability of stockholders in agricultural and horticultural corporations. societies, sec. 5959; stock breeding associations, sec. 6037; partnership associations, sec. 6080; societies for loaning and investing, sec. 6196 ; railroad companies, sec. 6302; train railway companies, sec. 6411; street railway companies, sec. 6455 ; pipe line companies, sec. 6490; plank road companies, secs. 6606, 6608; bridge companies, sec. 6636; telegraph companies, sec. 6674; telephone companies, sec. 6694; canal and harbor companies, sec. 6709; river improvement companies, sec. 6746 ; water power companies, secs. 6787, 6803, 6820; commerce and navigation companies, sec. 6839; land companies, secs. 6863, 6880; mining companies, sec. 7025 ; manufacturing companies, sec. 7065; gaslight companies, sec. 7126; electric light companies, sec, 7144 ; printing and publishing companies, secs. 7153, 7183 ; savings associations, sec. 7553; summer resort associations, sec. 7634; baseball clubs, sec. 7679; of trustees of institutions of learning, sec. 8148; of stockholders in fine arts associations, sec. 8220; associations for maintaining institutions for the treatment of diseases, sec. 8453 ; automatic fire alarm companies, sec. 8493; and in water companies, sec. 8510.)

COMPILED LAWS OF 1897.

CHAPTER 30.-Court of mediation and arbitration.

SECTION 559. Whenever any grievance or dispute of any nature Grievances shall arise between any employer and his employees, it shall be may be submitlawful to submit the same in writing to a court of arbitrators for

ted. hearing and settlement, in the manner hereinafter provided. SEC. 560.

The governor may, whenever he shall deem Appointit necessary, with the advice and consent of the senate, appoint ment, etc., of a State court of mediation and arbitration to consist of three court. competent persons who shall hold their terms of office respectively one, two and three years, and upon the expiration of their respective terms the said term of office shall be uniformly for three years.

Said court shall have a clerk or secretary who shall be appointed by the court to serve three years, whose duty it shall be to keep a full and faithful record of the proceedings of the court and also all documents, and to perform such other duties as the said court may prescribe. Ile shall have power, under the direction of the court, to issue subpænas, to Powers of administer oaths in all cases before said court, to call for and clerk. examine all books, papers and documents, of any parties to the controversy, with the same authority to enforce their production

*

*

as is possessed by the courts of record or the judges thereof, in

this State. Quorum. SEC. 561. Any two of the arbitrators shall constitute a quorum

for the transaction of business, and may hold meetings at any time or place within the State. Examinations or investigations

ordered by the court may be held and taken by and before any Single a r bi- one of their number, if so directed. But the proceedings and trator.

decisions of any single arbitrator shall not be deemed conclusive until approved by the court or a majority thereof. Each arbitrator shall have power to administer oaths.

SEC. 562. Whenever any grievance or dispute of any nature shall

arise between any employer and his employees, it shall be lawParties to ful for the parties to submit the same directly to said State court, make

submis- and shall jointly notify said court or its clerk, in writing of such sion.

grievance or dispute. Whenever such notification to said court Duty of court. or its clerk is given, it shall be the duty of said court to proceed,

with as little delay as possible, to the locality of such grievance or dispute, and inquire into the cause or causes of grievance or dispute. The parties to the grievance or dispute shall thereupon submit to said court in writing, succinctly, clearly and in detail, their grievances and complaints, and the cause or causes thereof, and severally agree in writing to submit to the decision of said court as to matters so submitted, and a promise or agreement to continue on in business or at work, without a lockout or strike, until the decision of said court, provided it shall be rendered within ten days after the completion of the investigation. The court shall thereupon proceed to fully investigate and inquire into the matters in controversy, and to take testimony under oath in relation thereto,

Sec. 563. After the matter has been fully heard, the said board,

or majority of its members, shall, within ten days, render a Decision. decision thereon in writing, signed by them or a majority of them,

stating such details as will clearly show the nature of the decision and the points disposed of by them. The decision shall be in triplicate, one copy of which shall be filed by the clerk of the court in the clerk's office of the county where the controversy arose and one copy shall be served on each of the parties to the controversy.

The limitation of ten days is directory and not binding. An award within a reasonable time, considering the circumstances, will be valid. 87 N. W. Rep. 943.

SEC. 564. Whenever a strike or lockout shall occur, or is seriously threatened in any part of the State, and shall come to the knowledge of the court, it shall be its duty, and it is hereby directed to proceed, as soon as practicable, to the locality of such strike or

lockout and put itself in communication with the parties to the Mediation. controversy, and endeavor by mediation to effect an amicable

settlement of such controversy; and if in its judgment it is deemed best, to inquire into the cause or causes of the controversy,, and to that end the court is hereby authorized to subpoena witnesses, compel their attendance, and send for persons and pa

pers, Subpænas. SEC. 565.

All subpænas shall be signed by the secretary of the court, and may be served by any person of full age

authorized by the court to serve the same. Report.

Sec. 566. Said court shall make a yearly report to the legislature and shall include therein such statements, facts and explanations as will disclose the actual working of the court, and such suggestions as to legislation, as may seem to them conducive to harmonizing the relations of, and disputes between, em

ployers and the wage-earning (wage-earners). Definitions. Sec. 568. Whenever the term “employer " employers" is

used in this act it shall be held to include firm," joint stock association," "company” or ' corporation," as fully as if each

of the last named terms was expressed in each place. Duty of may

Sec. 568a (added by act No. 69, Acts of 1903). It shall be the or, etc. duty of the mayor of any city, the supervisor of any township,

$

or

or the president of any village to promptly furnish, or cause to be furnished to the court provided for in this act, information of the threatened or actual occurrence of any strike or lockout within his jurisdiction.

Sec. 568b (added by act No. 69, Acts of 1903). There shall be Reports. printed biennially ten thousand copies of the report of the court, together with the act under which the court was instituted, for distribution among labor unions and the public generally.

The above act (secs. 559 to 5686) is constitutional. 83 N. W. Rep. 620. CHAPTER 34.-Judgments for wages of female employees--Exemp

tions-Attorney's fee. SECTION 900. No property, except as exempted by the State con- Exemptions stitution, shall be exempt from levy or sale, under an execution, limited. issued upon a judgment obtained before any justice of the peace, for work, labor, or services done or performed by any woman, when such amount does not exceed the sum of twenty-five dollars, exclusive of costs.

In addition to all other costs allowed by law, the plaintiff in any such suit shall recover an attorney's fee Attorney's of five dollars,

fee.

CHAPTER 34.—Erecution on judgment for wages not to be stayed.

SECTION 901. Any judgment hereafter obtained before a justice Execution to of the peace for personal services performed by the plaintiff, shall issue without not be stayed, but execution may issue thereon immediately on

stay. rendition of judgment. In entering such judgment the justice shall recite upon the docket that the same was rendered for the personal work and labor of the plaintiff ; and in addition to all other costs allowed by law, the plaintiff in any such suit shall recover an attorney's fee of five dollars, to be taxed with the other Attorney's costs in the case (cause) and to be collected in the same manner as fee. such other costs are collected : Prorider, That no attorney fee Provisos. shall be taxed in cases not contested unless the plaintiff shall make it appear to the satisfaction of the justice that at least twenty-four hours before the commencement of the said suit a demand of payment therefor has been made of the debtor: And prorided further. That no attorney fee shall be allowed the plaintiff unless he shall obtain judgment for the whole amount demanded by him of the defendant before such suit was commenced, and in no case shall a greater attorney fee be recovered than the amount of damages recovered.

This section is upconstitutional and void so far as the provision for taxing an attorney's fee is concerned. 77 Mich. 111.

CHAPTER 35.--Exemption of wages from garnishment.

SECTION 991 (as amended by act No. 172, Acts of 1901). The Garnishee person summoned as garnishee, from the time of the service of such liable. sumnions, shall be deemed liable to the plaintiff in such suit, to the amount of the property, money and effects in his hands or possession, or under his control, or due from him to the defendant in such suit: Provided. That when the defendant is a householder Wages of having a family, nothing herein contained shall be applicable to householders. any indebtedness of such garnishee to the defendant for the personal labor of such defendant, or his family to the amount of eighty per centum of such indebtedness, but in no case shall more than thirty dollars of such indebtedness be exempt from the operation of this act, and in all cases at least eight dollars shall be so exempt: Provided further, That in case the defendant is not a householder having a family, nothing hereinbefore contained shall

Other em be applicable to any indebtedness of such garnishee to the defend- ployees. ant for the personal labor of such defendant to the amount of forty per centum of such indebtedness, but in no case where the principal defendant is not a householder shall more than fifteen dollars of such indebtedness be exempt from the operation of this act, al

though in all cases of the description mentioned in this proviso at least four dollars shall be so exempt.

A householder's family need not reside within the State to bring bis wages within this statute. 74 Mich. 214.

Å garnishee pays over exempted wages at his peril. 98 Mich. 651.

CHAPTER 104.-Employment of intemperate drivers on public con

veyances.

Employing SECTION 4293. No person owning, or having the direction or conintemperate trol of any coach, or other carriage or vehicle running or traveling drivers.

upon any road in this State, for the conveyance of passengers, shall employ, or continue in employment, any person to drive such coach, carriage, or other vehicle, who is addicted to drunkenness, or to the excessive use of intoxicating liquors; and if any such person shall violate the provisions of this section, he shall forfeit at the rate of five dollars per day for all the time during which he shall have

kept such driver in such employment. Driver' to be SEC. 4294. If any driver, whilst actually employed in driving discharged

such coach, carriage, or vehicle, shall be guilty of intoxication, it shall be the duty of the owner or person having the charge or control of such coach, carriage, or other vehicle, on receiving written notice of the fact, signed by any passenger who witnessed the same, and certified by him under oath, forthwith to discharge such driver from such employment; and every person who shall retain, or have in such service, within six months after the receipt of such notice, any driver who shall have been so intoxicated, shall forfeit at the rate of five dollars per day for all the time during which he shall keep any such driver in such employment after receiving such notice.

CHAPTER 113.—Bureau of labor and industrial statistics.

Commissioner SECTION 4597. The governor is hereby authorized and empowered of labor.

to appoint, within sixty days after this act shall take effect, and every second year thereafter, in the month of February, by and with the advice and consent of the senate, and also within thirty days after the occurrence of any vacancy in the office, a suitable person, who shall be a citizen of this State, as commissioner, who shall hold his office until his successor is appointed and qualified, the title of which officer shall be commissioner of labor. The office of the coinmissioner appointed for a full term under this act after the year eighteeen hundred and eighty-three, shall commence on the first day of March, next after such appointment. Such commissioner shall keep his office at the capitol, in the city of Lansing, and shall appoint a deputy, whose term of office shall continue during the pleasure of such commissioner. The commissioner may appoint such assistants from time to time, as shall be necessary for the transaction of the business of his office. Said commissioner,

with his deputy, and the secretary of state, who shall be ex officio Bureau. member thereof, shall constitute a bureau of statistics of labor. Duties of bu- SEC. 4598. The duties of such bureau shall be to collect in the

manner hereinafter provided, assort, systemize, print, and present in annual reports to the governor,

statistical details relating to all departments of labor in this State, including the penal institutions thereof, particularly concerning the hours of labor, the number of laborers and mechanics employed, the number of apprentices in each trade, with the nativity if [of] such laborers, mechanics, and apprentices, wages earned, the savings from the same, the culture, moral and mental, with age, and sex, of laborers employed, the number and character of accidents, the sanitary condition of institutions where labor is employed, as well as the influence of the several kinds of labor, and the use of intoxicating liquors upon the health, and mental condition of the laborer, the restrictions, if any, which are put upon apprentices when indentured, the proportion of married laborers and mechanics, who live in rented houses with the average annual rental of same,

reau.

« ForrigeFortsett »